On December 14, the Mattapoisett Conservation Commission heard the details for septic system upgrades for one of the commissioners. An abutter, Ken Rocha, asked to be heard.
The Request for Determination of Applicability filed by Chapman Dickerson and Melanie Dixson, 6 River Road, was represented by Rick Charon of Charon Associates, a civil engineering firm. Charon described the project in which an up-to-date septic system would replace a failing cesspool. Charon said that a test pit demonstrated a water level of 76 inches and that computer modeling was employed to calculate groundwater separation from the leach field.
Rocha took exception to the entire plan. He began his comments by saying, “This has been in violation for over 15 years,” adding that it was a shame the commission hadn’t “picked this up” earlier for the protection of the environment. Rocha questioned the percolation test’s accuracy and said he found the expected new elevation of 15 inches “preposterous.”
Chairman Mike King attempted to bring Rocha back to issues that the commission has jurisdiction over, namely the riverfront. King told Rocha that his comments should be directed to the Board of Health, which has regulatory oversight of the septic system itself.
Determined to be heard, Rocha said he has over 30 years of experience as a biologist. He claimed the system design had been manipulated to squeeze it into available space on the property. King told Rocha his three minutes for public comment had expired and again identified the Board of Health as the place where his concerns should be heard.
Charon again described the system, the use of modeling, and the site conditions, contradicting Rocha’s contention that the drought had affected the calculations. “That property is not any different from others.… It’s not fair that others have spent 30 to 40 thousand (dollars) on their systems,” Rocha insisted. King again stated, “This is a hearing for a septic upgrade. You are free to raise concerns with the Board of Health.” Rocha attempted to say more, but Charon broke in, saying, “I beg your pardon, sir, this is a first-class, septic-system repair. I find this very offensive.”
King asked the commissioners for their decision after closing the public hearing. The filing received a Negative determination of applicability. Dickerson, who had recused himself from the meeting, returned for the balance of matters being heard on this night.
Receiving approval for RDA filings were Clinton Schwamb, 4 Dyer Road, with an after-the-fact filing for the construction of a gravel driveway; Douglas and Claire King, 12 Union Street, for a deck expansion and driveway improvements; and Scott Kruger, 6 Pine Street, for improvements to an existing residence.
The Mattapoisett Land Trust also received approval for an RDA that will allow the organization to create a small parking area and perform trail improvements on the property now known as the Oliver Wendall Holmes Preserve off Angelica Avenue.
A Notice of Intent hearing was continued until December 28 after being opened for Craig and Elaine Bovaird, 2 Oliver Street, for renovation to an existing residence, including a patio, gravel driveway, and deck. It was noted that the Massachusetts Department of Environmental Protection had made no comments on the proposed changes.
The Town of Mattapoisett received an Order of Conditions for the construction of a bike path at the end of Industrial Drive. Jake Carmody of TEC said they were still working with MassWildlife’s Natural Heritage & Endangered Species Program on a turtle protection plan. Since this project would not be fully funded for some time to come, Carmody sought to have replication areas put on hold for now.
King suggested and received agreement from the commissioners and Conservation Agent Liz Leidhold to approve and condition the entire project now with protections to the replication area, erosion controls, endangered animals, stormwater management systems, and flagging, among others. The plan is for the section between the end of the paved road known as Industrial Drive and the Marion town line to be improved first with grant and donation funding in hand. This work was described as having “no impact on wetlands,” Carmody stated.
The commissioners moved to accept BETA Engineering as the peer-review consultant for the proposed Randall Lane, LLC solar array, noting that the Planning Board had previously selected this group to oversee the site plan review.
King reported that work related to an Enforcement Order at the residence of Daniel Craig, 4 Seabreeze Lane, was taking place and in compliance with cooperation on all fronts. Town Administrator Mike Lorenco responded to Craig’s attorney, who wondered aloud about the enforcement filing still before the Superior Court. Lorenco said as long as the process continues, a dismissal was likely. He thanked everyone involved for this result.
This next meeting of the Mattapoisett Conservation Commission is scheduled for December 28 at 6:30 pm.
Mattapoisett Conservation Commission
By Marilou Newell